DR.BABASAHEB AMBEDKAR OPEN UNIVERSITY. Part I: Technical Bid. Tender Document For

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1 DR.BABASAHEB AMBEDKAR OPEN UNIVERSITY Part I: Technical Bid Tender Document For INTERIOR, ACOUSTICS, SOUND, STAGE LIGHTING & FINISHING WORK OF AUDITORIUM AT DR.BABASAHEB AMBEDKAR OPEN UNIVERSITY. Jyotirmay Parisar, S.G. Highway, Chharodi, Ahmedabad

2 INDEX SR.NO. DISCRIPTION PAGE NO. 1 LETTER FROM TENDERER 3 2 TENDER NOTICE 4 3 INFORMATION TO TENDERERS 7 4 EVALUATION CRITERIA FOR QUALIFICATION 9 5 GENERAL REQUIREMENT TENDERERES 12 6 CONDITION OF CONTRACT 7 SPECIAL CONDITIONS ( TECHNICAL ) 21 8 DECLARATION FORM 23 9 SCOPE OF WORK SPECIAL CONDITION OF THE WORK CHECK LIST & FORMS 26 B TECHNICAL SPECIFICATIONS C DRAWINGS PROJECT: INTERIOR, ACOUSTICS, SOUND, STAGE LIGHTING & FINISHING WORK OF AUDITORIUM AT DR. BABASAHEB AMBEDKAR OPEN UNIVERSITY SIGN & SEAL OF CONTRACTOR 2

3 To, The Registrar, DR. BABASAHEB AMBEDKAR OPEN UNIVERSITY, Ahmedabad LETTER FROM TENDERER Subject : PROJECT: INTERIOR, ACOUSTICS, SOUND, STAGE LIGHTING & FINISHING WORK OF AUDITORIUM AT DR. BABASAHEB AMBEDKAR OPEN UNIVERSITY Dear Sir, With reference to the tender invited by you for the above works, we are pleased to offer our best rates mentioned in the Schedule. We have inspected the site of work, studied the actual site condition, read the Conditions of Contract, and we agree to complete the work to the specifications and satisfaction of the Employer. We enclose herewith Earnest Money Deposit of Rs. 3,00, by Demand Draft No: drawn on, in favors of Dr. BabaSaheb Ambedkar Open University" payable at Ahmedabad. We hereby agree that this sum shall be forfeited by the university if we fail to execute the contract when called upon to do so in the event of your accepting our tender. We hereby also agree that you reserve the right to accept or reject any or all tender without assigning any reasons. All the rates quoted in the financial bid are inclusive of GST and Labour welfare cess. Yours truly, Sing & Stamp of the Bidder PROJECT: INTERIOR, ACOUSTICS, SOUND, STAGE LIGHTING & FINISHING WORK OF AUDITORIUM AT DR. BABASAHEB AMBEDKAR OPEN UNIVERSITY SIGN & SEAL OF CONTRACTOR 3

4 DR. BABASAHEB AMBEDKAR OPEN UNIVERSITY Tender Notice PROJECT: INTERIOR, ACOUSTICS, SOUND, STAGE Lighting & FINISHING WORK OF AUDITORIUM AT DR. BABASAHEB AMBEDKAR OPEN UNIVERSITY The Registrar, Dr. Babasaheb Ambedkar Open University invites bids with two bid system for the providing of Expansion Work -detailed in the table below from the bidders having experience for similar type of works, registered in R&B / State Government / Central Government in appropriate class and meeting the qualifying criteria specified. Sr. Name of work Estimated Bid Security Tender fee Period of No. cost in Rs. (EMD) (Rs.) (Rs.) Completion INTERIOR,ACOUSTICS,SOUND, STAGE Lighting & FINISHING WORK OF AUDITORIUM AT DR. BABASAHEB AMBEDKAR OPEN UNIVERSITY 3,00,00, ,00, , (Non refundable) 3 months Milestone Dates for Tendering 1. Tender Downloading Date From 18 th August 2017 to 7 th September Tender Online submission On or Before 16:00 Hrs., 7 th September Submission of tender in physical form, Dr. BabaSaheb Ambedkar University, S.G. On or Before 16:00 Hrs., 8 th September 2017 Highway, Ahmedabad. 4. Pre bid meeting to be held in university campus Prebid meeting on-29 th HRS. 5. Opening of Technical Bid On Hrs., 8 th September Opening of Financial Bid Will be intimated to the bidders at the time of opening of technical bid 7. Bid Validity 180 Days from last date of submission of the bid 1. Only Physical submission of the tender made at the office of Dr. BabaSaheb Ambedkar Open University,Inward section, jyotirmay parisar, Dr.BabaSaheb Ambedkar Open University, S.G. HIghway, Ahmedabad, Gujarat: accompanied by on-line submission of the e- tender in prescribed format shall be accepted as valid bid. 4

5 2. The Technical Bid submission via RPAD/speed-post/courier/ Hand delivery shall be accepted. 3. The e-tender can be downloaded from the website & 4. Bids must be accompanied by security amount specified for the work as Bid security (EMD) in the table in form of a Demand Draft drawn in favor of Dr. BabaSaheb Ambedkar Open University. Bid security must remain valid for 30 days beyond the validity of the bid. No exemption shall be allowed in the bid security submission. 5. The bidding process shall be two-bid system where technical and financial bids shall be submitted separately by the bidder. The bidding documents shall be submitted by the bidder online and physically as prescribed hereunder. 6. The technical bid shall be submitted on-line as well as in physical form. The bidder shall submit two sets (hard-copies) of the entire technical bid document i.e. original and duplicate, with each page number in unbroken sequence and self-attested in a sealed envelope to the office of Dr. BabaSaheb Ambedkar Open University, Inward section, Jyotirmay parisar Dr.BabaSaheb Ambedkar Open University, S.G. Highway, Ahmedabad, Gujarat: before the last date and time specified. In extra-ordinary circumstances, if the receiving office is closed on the given date and time, the same shall be received on the next working day of the receiving office. 7. Where-ever required, information must be submitted by the bidder in the prescribed format available with the tender document. 8. Bidder is recommended to go through the checklist provided herewith prior to the submission of the bid to ensure that the bid submitted is complete in all respect. Incomplete bids shall not be accepted. 9. The envelope containing physical bid shall be clearly marked Bid for INTERIOR, ACOUSTICS, SOUND, STAGE LIGHTING & FINISHING WORK OF AUDITORIUM AT DR. BABASAHEB AMBEDKAR OPEN UNIVERSITY and must have bidder s address of communication, and mobile contact number that may be used for communication if necessary. 10. The financial bid shall be submitted ON-LINE ONLY. 11. To provide appropriate information to enable bidders to come out with their best offer, a pre-bid meeting with all interested agencies shall be held as prescribed in Tender Notice. 12. If found necessary, DR. BABASAHEB AMBEDKAR OPEN UNIVERSITY may provide additional clarifications to the bidders in form of a corrigendum, hence bidders are advised to check n- procure web-site on regular bases to stay updated. Staying informed is the duty of the bidder and Dr. Babasaheb Ambedkar Open University shall not entertain any claims based on not being informed of the clarification provided by Dr. Babasaheb Ambedkar Open University during the pre-bid meeting or anytime thereafter. Any/ all clarifications provided in the pre-bid meeting shall be binding to all the bidders regardless of their presence or absence in the pre-bid meeting. 5

6 14. Dr. Babasaheb Ambedkar Open University shall open the technical bid as prescribed in Tender Notice. Interested bidders may remain present during the time of bid opening. After opening of the technical bids, the same shall be evaluated by competent authority of Dr. Babasaheb Ambedkar Open University and suitable bidders shall be qualified for the next stage of the bidding based on their competence. This is a merit driven process whereby each bid shall be evaluated on technical criteria to identify capable bidders suitable for a high quality state of art public facility. Dr. Babasaheb Ambedkar Open University reserves the right to choose competent bidders based on its evaluation of the technical bids to move forward to the next stage of the bidding process. No communication regarding the process of evaluation shall be entertained. Decision of Dr. Babasaheb Ambedkar Open University shall be final and binding to all bidders. 15. Bidders qualified by Dr. Babasaheb Ambedkar Open University shall be eligible for the opening of the financial bid submitted on-line. Opening of the financial bid shall be on-line only. Same may be viewed by qualified bidders if they desire. 16. Financial bid shall be evaluated in terms of lowest over-all offer and the agency qualifying on this merit shall be treated as L1 bidder. Qualifying as L1 bidder does not grant any right to the bidder. Dr. Babasaheb Ambedkar Open University reserves the right to accept/reject any/all bidders including the L1 bidder. 17. Though negotiations with L1 bidder or any other bidder are avoidable as per CVC guidelines, considering the public nature of the project being taken up by academic institute; if need be, in the greater interest of the project, Dr. Babasaheb Ambedkar Open University reserves the right to negotiate with L1 or any other bidder. No objection shall be entertained in case of any negotiation is taken into consideration for appointment of right agency at the right cost. 18. At any stage of the bidding, Dr. Babasaheb Ambedkar Open University reserves the right to seek clarification from any bidder to verify authenticity of the information provided by the bidder. If the information submitted is found to be false or misleading, Dr. Babasaheb Ambedkar Open University reserves the right to seize the EMD amount submitted by the said bidder without offering any clarification/s for the same. 19. If it is observed that any bidder has provided false information with mala fide intention of derailing and thus delaying the process, Dr. Babasaheb Ambedkar Open University reserves the right to recover additional damages from the bidder and initiate the process of blacklisting the miscreant. 20. Other details can be seen in the bidding documents. 21. Conditional tender shall not be accepted. The Vice Chancellor reserves the right to reject any or all of the tenders without assigning any reason thereof. The Registrar Dr. BabaSaheb Ambedkar Open University, Ahmedabad 6

7 INFORMATION TO TENDERERS 1. Incomplete or conditional tenders shall be rejected. 2. The registrar reserves right to accept/reject any/all bids without assigning any reasons thereof. 3. The rates offered by the bidder shall be inclusive of GST and Labour welfare cess. 4. Bidder shall make his own arrangements for water and electricity for the construction work at site at his own expense. No additional payment shall be made towards any consumable required for executing any of the items prescribed in the tender. 5. Bidder shall follow best practices for health and safety during the entire course of execution, cost of which shall be borne exclusively by the bidder. 6. Bidder shall ensure that all aspects of the activities taken up as part of fulfilling the contract are covered with necessary insurance cover, cost of which shall be borne exclusively by the bidder. 7. Bidder shall ensure that he is registered with all concerned statutory authorities connected with any aspect of the delivery of scope of work of the tender at his cost. 8. Bidder is expected to submit the flow of work envisaged by him for consideration of the Architect/Engineer-in-charge. Architect/Engineer-in-charge shall reserve the right to finalize the work-schedule to be followed by the bidder and/or modify it from time to time. 9. No price escalation shall be paid/ recovered for the works mentioned in the tender. 10. No advances, either in the form of Machinery advance or materials advance or in any other form shall be given. Signature of bidder: Date: The Registrar DR. BABASAHEB AMBEDKAR OPEN UNIVERSITY, Ahmedabad 7

8 PROJECT: INTERIOR, ACOUSTICS, SOUND, STAGE LIGHTING & FINISHING WORK OF AUDITORIUM AT DR. BABASAHEB AMBEDKAR OPEN UNIVERSITY DISCLAIMER 1. The information contained in this bid document or subsequently provided to the bidders whether verbally or in documentary form by or on behalf of the Dr. Babasaheb Ambedkar Open University or any of their employees/ advisers/ consulting engineers is provided to the bidder (s) on the terms and conditions set out in this bid document. 2. This bid document and subsequent submissions of the bidders are not an agreement. These will subsequently form a part of agreement between the Successful Bidder and the Dr. Babasaheb Ambedkar Open University after modifications/ additions/ alterations as mutually agreed to. 3. This document does not purport to contain all the information the bidder may find necessary for the completion of works in a professional manner in accordance with good engineering practice. The bidder is required to check the accuracy, reliability and completeness of the information in this bidding document regarding the site, the movement of traffic, the accessibility, the working conditions, the climatic conditions, the availability of working and storage spaces etc. BAOU, its employees/ advisers/ consulting engineers do not incur any liability under any law, rules or regulation as to the accuracy, reliability and completeness of the information in this bidding document. The Registrar, Dr. BabaSaheb Ambedkar Open University, Ahmedabad. 8

9 Minimum Eligibility Criteria :- EVALUATION CRITERIA FOR QUALIFICATION 1. Only single bidder permitted for bidding. 2. No Joint venture/consortium permitted for bidding. 3. Contractor registered with Government of Gujarat in class B and above with R & B, other state government, or with Central PWD. 4. Average annual financial turnover of the bidding firm should not be less than 1200 lacs in last five years ending on 31 st March Experience of having successfully completed similar works* during last 05 years (not later than 1 st Jan 2010), for reputed clients Like Any University/ Institute /Central Govt. /State Govt. /Semi Govt./Railways/PSU of state or central government. The claim must be supported with documentary evidence such as satisfactory completion certificate from respective authorities. a) One similar completed works costing not less than the Rs. 120 lacs b) Weightage of 10 % per financial year (simple) shall be allowed for eligibility purpose for the project completed before 31 st March Financial year shall be from April to March. Similar completed works means work complying following criterion. Similar works means experience of Interior work of Auditorium, Town hall, Multipurpose Lecture halls that include Interior, ACOUSTICAL, SOUND SYSTEM, STAGE LIGHTING work as one contract. The right to interpret similar work is reserved by DR. BABASAHEB AMBEDKAR OPEN UNIVERSITY. 6. As Sound system is the essence of the Auditorium specialization in Audio Visual project is must. Minimum Rs. 100 lacs executed project is must to get qualify. Financial Criteria: 1. Attested copy of balance sheet with profit & loss account of last 5 financial years duly audited by chartered accountant. Other Requirements: A. Bidder's registration Only those bidders whose names are borne on the approved list of registered contractors in the Class B and above in R&B / State Government / Central Government shall be entertained. 9

10 B. Litigation history The applicant should provide accurate information on litigation and / or arbitration resulting from Contracts completed or under execution by him over the last three years. A consistent history of arbitration awards / judgments against the applicant or any partner of joint ventures may result in disqualification for proposed work. If the details of Litigation History is hidden by the applicant and later on it comes to knowledge of the employer the bidder shall be disqualified for the proposed work and other appropriate actions shall be taken against the bidder. Even though the Applicants meet the above criteria, they are subject to be disqualified if they have made misleading or false representation in the 16 form, statement and attachments submitted and / or record of poor performance such as abandoning the work, not properly completing the work, not properly completing the contract, delays in completion, litigation history, financial failure etc. C. Bidding in E-tendering i. In addition to physical submission of technical bid, submission of bid must be through e-tendering i.e. Electronic form ii. Bidders shall have to submit the bid in E-Tendering form only. iii. Bids of those bidders who have submitted all information, statistical details as required in the bid document through E-Tendering will only be considered. If the Employer desires any clarification, for verification / clarification, ambiguity or difference found in the documents / statistical details submitted online (by E- Tendering) by the bidder, the same shall be furnished with in stipulated time, otherwise further processing will be carried out in absence of above and the bidders shall be liable for any consequence. D. E-Submission of documents i. Following documents/papers shall form part of the bid. ii. Following documents/papers shall form part of the bid. Attested copy of proprietorship or partnership deed. Attested copy of power of attorney, if any for signing the bid documents. Company registration details Company introductory profile Proof of appropriate registration class. Annual turnover certificate issued by chartered account and for last three financial years with Audited Balance sheet and P/L accounts GST Registration details with copy Form 3A issued by employer (duly certified by an officer of the rank not bellow that of an Executive Engineer) to substantiate successful experience of similar work. Litigation / Arbitration history Proof of assured availability of required Machinery/equipment An undertaking for truth-fullness of information furnished. iii. Any information data, statistics etc. which are not related to bid document will not be considered in evaluation even though furnished by the applicant. 10

11 iv. In accordance with stipulation of Para 3D(iii), Employer reserves the right to call any information / document which is mandatory, essential and critical for the purpose of evaluation. Any information provided by the applicant after last date of Electronic submission will not be considered in evaluation, unless except the employer has specifically asked for any information/ document, which is mandatory, essential and critical for evaluation of PQ document. If required information is not furnished within stipulated time, proposal will be liable for rejection. v. If any of the information provided by the bidder is found false during scrutiny or at the later stage, his EMD shall be forfeited and he shall be disqualified for the proposed work. If any of the information provided by the bidder is found false after award of work, the performance security of the bidder shall be forfeited and the contract shall be terminated. (3) Escalation Factors Following enhancement factors will be applied to annual turnover and completion cost of works to bring them to the base year. The current financial year in which bid is invited shall be considered as the base year. Year Financial Year Enhancement factor In case the financial figures and value of completed works are in foreign currency, current market exchange rate will be applied for the purpose of conversion of foreign currency in to Indian Rupees. Applicant will indicate actual figures of costs and amounts in the schedule without accounting for the above mentioned factors The Registrar, DR. BABASAHEB AMBEDKAR OPEN UNIVERSITY, Ahmedabad. 11

12 GENERAL INFORMATION FOR THE BIDDER 1. Incomplete and conditional tenders shall not be considered. 2. DR.BABASAHEB AMBEDKAR OPEN UNIVERSITY, Ahmedabad reserves the right to split up the work covered in the scope of this contract amongst more than one contractor. 3. Intending bidders shall submit tenders after studying all tender documents carefully and after visiting the site for satisfying themselves of actual site conditions, location and accessibility of site and nature and extent of the work involved etc. Submission of tenders implies that bidders have obtained all necessary information and other data required for executing the work. No claim for extra charges because of any misunderstanding or otherwise shall be allowed. 4. Site cleaning and making the site accessible for execution of the work shall be in the scope of bidders. In case of the bidder requiring removal/breakage of any feature/asset of Dr. BabaSaheb Ambedkar Open University, the same can be one only after getting written clearance from Dr. BabaSaheb Ambedkar Open University. The same may be restored by the bidder at his cost if demanded by Dr. Babasaheb Ambedkar Open University at any point of time. 5. Bidders will not be allowed to give sub-contract of the works awarded to him for any reasons what so ever without written permission of the Engineer-in-charge. 6. Date of opening of price bid will be intimated later on to those bidders who are qualified in technical bid. Price bid of only qualifying bidders based on evaluation of technical bid shall only be opened. Price bid of bidders who are not technically qualified by Dr. Babasaheb Ambedkar Open University shall not be opened. 7. The decision of university s BUILDING & WORKS COMMITTEE in the matter shall be final and no/any claim will be entertained in this regard. 8. All the works shall be carried out as per specifications attached with the tender and relevant Indian Standards issued by the Bureau of Indian Standards. All materials procured should be confirming to relevant Indian Standards issued by Bureau of Indian Standards, wherever not specified in the item. In case of the specifications not found in Indian Standards, they shall follow best market practice, adjudicator of which shall be the Engineer-in-charge. 9. Tenders, who do not fulfill all or any of the conditions of the tender or incomplete in any respect, are liable to rejection. 12

13 12. BUILDING & WORKS COMEETEE of DR.BABASAHEB AMBEDKAR OPEN UNIVERSITY, Ahmedabad reserves the right to reject any or all the tenders without assigning any reason thereof. 13. This specification is intended as a general description of quality envisaged for materials & workmanship & of the finished work. It is not intended to cover minute details. The work shall be executed in accordance with the best modern practice & to the complete satisfaction of the BABASAHEB AMBEDKAR OPEN UNIVERSITY. Special techniques approved by the DR. BABASAHEB AMBEDKAR OPEN UNIVERSITY shall be used if & where found necessary without any extra claim. The specification provided shall have priority if anything contrary to them is stated elsewhere in the contract documents. In case of a specification not adhering to minimum standards prescribed in the IS code for the relevant item, IS code shall prevail upon the specifications. Execution of any such item shall take place only after bringing the issue to the notice of the Engineer-in-charge and taking his written permission. BABASAHEB AMBEDKAR OPEN UNIVERSITY s decision shall be final & binding to the contractor on any issue arising out of such discrepancies. 14. AGREEMENT: As per university s rules, successful bidder shall have to enter in to an agreement on non-judicial stamp paper of Rs100/-with the Dr. BabaSaheb Ambedkar Open University, Ahmedabad, in the prescribed form on receipt of work order. The cost of the stamp fee shall be borne by successful tender. The tender with specifications, schedules, drawings, the contract booklet and other necessary documents shall be signed by successful bidder. The letter of acceptance, all the bid documents, all the documents accompanying the contract& subsequent correspondence shall be deemed to be a part of the contract agreement. 15. Each bidder shall also submit a Declaration to the effect that bidder is an engineering construction firm or an association of firm which has successfully carried out large works of this nature & has adequate organization & experienced personnel to handle this type & magnitude of work. Information should be also given regarding the constitution of the firm; it s authorized, subscribed & paid up capital, the date & place of registration, the place of business, the names of the directors & other relevant information. 16. Each tender shall contain the name, residence & place of business of person or persons making the tender & shall be signed by the bidder with his usual signature with seal of the company. 17. An attested copy of the constitution of the firm with the name of all partners shall be furnished. Whenever, whether in submission of the tender or later in other matters, the signatures are made by one person on behalf of Directors or a firm or a corporation, an attested copy of the resolution of the partners or of law shall be supplied by the bidder authorizing the signatory. Witnesses & sureties shall be persons of status & probity, their names, occupation & address shall be stated below their signatures. All signatures shall be dated. 18. Tenders by corporation shall be signed with the legal name of the corporation followed by the name of the state of incorporation & by the signature &designation of the president, secretary or other person authorized to bind it in the matter with rubber seal of the company. 19. The tenders received after time and date specified in the tender notice, will not be accepted. Once the offer submitted by the contractor before due date of submission, the contractor will 13

14 not be allowed to submit revised / additional / modified / other even before due date. However, if the issue and receipt of tender is extended by the DR. BABASAHEB AMBEDKAR OPEN UNIVERSITY due to any reason, the contractor may submit the revised offer before due date of submission, if he wish to submit. 20. DR. BABASAHEB AMBEDKAR OPEN UNIVERSITY reserves the right to delete or add any item of Schedule-B for which contractor shall not have any right to claim on this account. 21. No idle charges shall be entertained by DR. BABASAHEB AMBEDKAR OPEN UNIVERSITY, Ahmedabad for any site conditions or any circumstances. 22. No claims for hindrance shall be entertained in any manner for any natural phenomenon such as rain or water logging. 23. The Contractor shall take all requisite & necessary care to observe that no damage is caused to the Existing structures, assets etc. For any damage to the existing structures or assets of DR. DR. BABASAHEB AMBEDKAR OPEN UNIVERSITY that contractor is be held responsible by Engineer-incharge, same shall be rectified/restored/replaced immediately at the contractor s cost to the satisfaction of Engineer in Charge. If found necessary, Engineer-in-charge may employ other agency for the same and recover the cost from the contractor s account. 24. The Bidders shall note: a. No price escalation on any account, shall be payable. 25. Recoveries: a. In case of any damage to equipment/machinery or structure/building of DR. BABASAHEB AMBEDKAR OPEN UNIVERSITY, Ahmedabad or any public property due to negligence s of contractor or any other reasons attributed to contractor the decision of Engineer in Charge regarding the amount of recovery shall be final. b. If the contractor fails to execute the work as per direction of Engineer in Charge within the time frame given by DR. BABASAHEB AMBEDKAR OPEN UNIVERSITY, Ahmedabad time to time, shall get the work done through any other contractor at the risk and cost of the contractor. 26. All royalties, sales tax, toll tax, local tax, development charges, VAT tax, welfare cess and any other taxes including works contract tax / GST etc. and also any statutory variation in future towards above mentioned taxes & any other taxes if levied in future by statutory authority applicable to this contract shall be borne by the contractor and DR. BABASAHEB AMBEDKAR OPEN UNIVERSITY shall not entertain any claim whatsoever in this respect. The rates will be Including the GST. 27. Labour welfare cess to the tune of 1% shall be deducted from each RA bill and Final bill of Contractor and shall be deposited to GOG. 14

15 28. The EMD will be returned promptly to the unsuccessful bidder after completion of tender process. (i.e Work awarded to the successful bidder ) 29. R. A. Bill: R. A. bill payment shall be made only at the end of the month. On submission of bill by the contractor in DR.BABASAHEB AMBEDKAR OPEN UNIVERSITY's prescribed format. Completion of each activity will be checked by Engineer-in-charge and after getting approval of each activity contractor will proceed ahead to next stage. 30. DR. BABASAHEB AMBEDKAR OPEN UNIVERSITY shall entertain a R.A. bill of minimum of Rs. 50,00,000/- only. (Only in special case, Engineer-in-Charge may use his discretion and allow an RA Bill of amount lesser than prescribed herewith). The R.A. bill must be submitted in prescribed format only. 31. All R.A. bills shall be scrutinized by Architect for quality and quantity and shall be processed based on the approval granted by him. The amount due post-ad-hoc payment shall be released only after due approval of the Engineer-in-charge is received. Though all necessary efforts shall be made to expedite the approval process, minimum approximate time for the approval process shall be of 2 weeks. 32. The work shall be completed within the period stipulated in the contract. 33. Initial security Deposit: Appointed bidder shall have to pay security deposit of 5 % Of Tendered amount of within 15 Days from the date of issue of letter of intent by Bank Guarantee. On failing to pay security deposit in specified time limit the EMD will be forfeited and bidder will not be allowed to participate in the tenders invited from DR. BABASAHEB AMBEDKAR OPEN UNIVERSITY for the period of 1 year. The security deposit validity shall be up to six months from the completion period specified in the contract and can be release within 30 days of final certification and only after approval of Engineer-in-charge, DR. BABASAHEB AMBEDKAR OPEN UNIVERSITY. Engineer In-charge reserves the right to withhold the same till the period he considers deemed fit. 34. Retention Money: For further security for the due fulfillment of the contract by the contractor, 5% of the value of the work done shall be deducted by the employer from each running bill towards retention money. On the PMC issuing a certificate of the virtual completion of the work the retention money will be released after 36 Months. (Defect Liability Period). 35. Compensation for the delay: The time limit allowed for carrying out the work as entered in the tender shall strictly observed by the contractor and shall be reckoned from the date on which the order to commerce the work is given to the contractor. The work throughout the stipulated 15

16 period of contract proceeds with due diligence (time being deemed to be essence of contract) and for delay, the contractor shall pay compensation of Rs. 0.1 percentage of the contract value per day. The penalty will be invariably deducted from the bills of the contractor and no refund will be given unless the competent authorities approves the reduction the reasons for delay attributable to DR. BABASAHEB AMBEDKAR OPEN UNIVERSITY with the prior approval. 36. In case of the item executed as per the actual requirement of the site is less than that of the tendered quantity that results in any saving, Engineer-in-Charge shall have the right to utilize the said saving to his discretion in terms of getting any other works that he finds deemed fit for the cause of the project. Contractor shall have no right to dispute this right of Engineer-in-Charge and/or claim any additional compensation for the same. Variations in quantity up to 25% are allowed with prior approval from University. 37. Arbitration: In case of all the disputes, decision of The Building & Works Committee, DR. BABASAHEB AMBEDKAR OPEN UNIVERSITY shall be final and binding to the bidder. The Building & Works Committee, DR. BABASAHEB AMBEDKAR OPEN UNIVERSITY shall be the sole Arbitrator. The legal jurisdiction shall be Ahmedabad only. 38. Work carried under this contract shall be completed in all respects within 4 calendar month including monsoon period from the date of issue of letter of order to commence the work. If any inevitable situation arises due to which work can be delayed such can be prior approval by Vice- Chancellor of DR. BABASAHEB AMBEDKAR OPEN UNIVERSITY in written that can be only considered as extension of time limit to complete the work. However, interim mile stones of the work will have to be completed as per the priority, sequence, schedule given by DR. BABASAHEB AMBEDKAR OPEN UNIVERSITY time to time. Registrar DR. BABASAHEB AMBEDKAR OPEN UNIVERSITY 16

17 CONDITIONS OF CONTRACT 1. Definitions: (a) The Contract means documents forming the tender, all the documents therein and acceptance thereof, together with the letter of intent, work order, schedule of terms and conditions, specifications, drawings, communications, instructions and any other directives issued by the competent authority to the appointed contractor. (b) The Tender Document means the form of tender, the applicable schedules and/or additional conditions and the specifications and/or drawings as issued to the contractors for the purpose of bidding. (c) The expression works or work when used in the conditions of contract shall, unless there be something in the subject or context repugnant to such construction means, the works or the work contracted to be executed under or in virtue of the contract whether original or altered. (d) The Contractor means the individual or firm or company, whether incorporated or not, undertaking the works and shall include his or its legal personal representative, successors and permitted assignees. (e) DR. BABASAHEB AMBEDKAR OPEN UNIVERSITY means the DR. BABASAHEB AMBEDKAR OPEN UNIVERSITY, Ahmedabad. and the Accepting Officer means the officer who is authorized to sign and signs the contract on behalf of the DR. BABASAHEB AMBEDKAR OPEN UNIVERSITY. (f) The Consultant means designing, supervision agency appointed by DR. BABASAHEB AMBEDKAR OPEN UNIVERSITY. (g) I.S. means the Indian Standards as issued by the Indian Standards Institutions. Wherever the above mentioned abbreviations are preferred to, in the specifications and / or work orders, they mean the addition with all amendments current at the date of issue of tender documents of work orders. In the case of measurement and terms of contracts Specifications means those contained in DR. BABASAHEB AMBEDKAR OPEN UNIVERSITY, Ahmedabad schedule together with any amendments etc. embodied in the tender documents, Drawings refer to those accompanying the tender documents and/or any work orders referred therein. (h) The Contract Sum means the sum accepted or the sum calculated in accordance with the prices accepted in the tender and/or the contract rate as payable to the contractor for the full and entire executing and completion of works. (i) The date of completion is the date or dates of completion of the work or any part of the works set out or ascertained in accordance with the individual work orders and the tender documents or any subsequent agreed amendments there to. 2. Compensation for the delay: The time limit allowed for carrying out the work as entered in the tender shall strictly observed by the contractor and shall be reckoned from the date on which the order to commerce the work is given to the contractor. The work throughout the stipulated period of contract proceeds with due diligence (time being deemed to be essence of contract) and for delay, the contractor shall pay compensation of Rs. 0.1 percentage of the contract value per day per day. The penalty will be invariably deducted from the bills of the contractor and no refund will be given unless the 17

18 Competent authorities approves the reduction the reasons for delay attributable to DR. BABASAHEB AMBEDKAR OPEN UNIVERSITY with the prior approval. 3. Notice for unsatisfactory progress: If the progress or a particular portion of the work is unsatisfactory the Engineer-in-charge whose decision shall be final, shall notwithstanding that the general progress of work is satisfactory; be entitled to take action under Clause 4(c) after giving the contractor 10 days notice in writing and the contractor will have no claim for compensation for any loss sustained by him owing to such actions. 4. Action in the case of Default by Contractor If any case in which any of the powers conferred upon the Engineer-in-charge by Clauses 4 and 5 hereof, shall have exercised and the same shall not have been exercised, the non-exercised thereof shall not constitute a waiver of any of the conditions hereof and such powers shall not withstanding be exercisable in any further case of default by the contractor for which, by any clauses hereof, he is declared liable to pay compensation amounting to the whole of his security deposit and liability of the contractor for past and future compensation shall remain unaffected in the event of the Engineer-in-charge taking action under sub clause (a) or (c) of Clause 4 he may, if he so desires, take possessions of all or any tools, plants, materials, and stores in such upon the work or the site thereof belonging to the contractor, or procured by him and intended to be used for the execution of the work of any part thereof paying for allowing for the same in account at the contract rates, or in the case of a contract rates not being applicable to current market rates to be certified by the Engineerin-charge whose certificate thereof shall be final. In the alternative, the Engineer-in-charge may by notice in writing to the contractor or his clerk of works, foremen or other authorized agent, require him to remove such tools, plants, materials or stores from the premises within a time to be specified in such requisition to decisions to the contractor failing to comply with any such requisition, the decision of the Engineer-in-charge as to the expenses of any such removal and the amount of the proceed and expense of any such sale, be final and conclusive against the contractor. 5. Completion Certificate: On completion of the work the Contractor shall be furnished with Completion Certificate by the Engineer-in-charge & PMC of such completion but no such certificate shall be given nor shall be the work considered to be complete until works are taken over and/or duly tested and put to operative as the case may be, nor until the work shall have been measured by the Engineer-In-Charge or where the measurement have been taken by his subordinated until they have received the approval of the Engineer-in-charge the said measurement being binding and conclusive against the contractor. 18

19 7. Effect of the Certificate: Unless otherwise specifically prescribed by the Engineer-in-Charge, No payment shall be made for any work estimated to cost less than Rs. 5,00,000/- till after the whole of said work shall have been completed and certificate of completion given. But in the case of works estimated to cost more than Rs. 5,00,000/- Contractor shall on submitting a monthly bill thereof, be entitled to receive payments. Proportionate to the part of the work then approved and passed by the Engineer-in-charge, whose certificate of such approval and a passing of the sum so payable shall be final and conclusive against the contract. All such intermediate payments shall be regarded as payment by way of advance against the final payment only and not as payments for work actually done or completed and shall not preclude the Engineer-in-charge from requiring bad, unsound, imperfect or unskillful work to be removed and taken away and reconstructed or re-erected nor shall any such payment be considered as admission of the due performance of the contract or any part thereof in any respect of the accruing of the claim nor shall conclude, determine or effect in any way the powers of the Engineer-in-charge as to the final settlement and adjustment of the accounts otherwise or in any other way, vary or affect the contract. The final bill shall be submitted by the contractor within one month of the date fixed for completion of work; otherwise the certificate of Engineer-incharge of the measurement and of total amount payable for the work shall be final and binding on all parties. 8. Bills shall be submitted by the contractor end of the work/ month on or before the date fixed by the Engineer-in charge in two original copies. 9. Works to be executed in accordance with specifications, orders etc. The contractor shall execute in whole and every part of work in the most substantial and workman-like manner and both as regarding materials and in every other respect in strict accordance with the specification. The Contractor also shall confirm exactly, fully and faithfully to the designs, drawings and instructions in writing relating to the work signed by the Engineer-in-charge and lodged in his office and to which the contractor shall be entitled to have access for the purpose of Inspection at such office, or in the site of the work, during office hours and the contractor shall, also if he so requires, be entitled at his own expenses to make or cause to be made copies of the specification, and of all such designs. 10. Extension of Time Limit in consequence of Addition or Alteration The time limit for the work shall be extended in the proportion that the increase in its cost occasioned by alterations or additions bears to the cost of the original contract work and the certificate of the Engineer-in-charge as to such proportions shall be conclusive. 19

20 13. No Claim For Variation In Quantities of Work: Quantities shown in the tender are approximate and no claim shall be entertained for quantities of work actually executed, being either more or less up to any extent than those entered in the tender or less than those entered in the tender or estimate. 14. No Claim For Compensation for Delay in staring work: No compensation shall be allowed for any delay caused into starting of work on account of acquisition of land and in the case of clearance for works or any delay in according sanction to estimates. 15. Entering upon or commencing any portion of work: The contractor shall not enter upon or commence any portion of work except with the written authority or instructions of the Engineerin-charge or his subordinate in charge of the work, failing such the contractor shall have no claim to ask for measurement or payment for work. 16. Method of Payment to contractors shall be made by A/c payee cheque provided the amount exceeds Rs.50/-. Amount not exceeding Rs.50/-will be paid in cash. Generally payment may take 30 to 60 days after passing of bills depending on availability of fund. 17. Acceptance of conditions on tendering for work: Submission to tender or acceptance of work order shall imply acceptance of these conditions of tender by contractor. 20

21 SPECIAL CONDITIONS: TECHNICAL 1. Contractor shall be responsible for any accident or damage to road gutter, manholes, dustbins, water closet pipe line etc. or any inconveniency caused by contractor for which the necessary compensation shall be paid by the contractor or recovered from the bill as deem fit by the University. 2. If required the work shall be continued during the extended period without any extra rate at its terms & condition. The time limit of the works shall be considered accordingly. 3. It is the responsibility of the contractor to get the work done satisfactorily by arranging sufficient manpower tool tackles materials etc. as per the requirement. For poor performance of the works, reduced rates shall be paid and necessary action shall be taken as per Corporation s rules. 4. The contractor or his authorized representative shall remain present during working hours and as per requirement. 5. Any description is left out in item the work shall be executed as per the instruction of Engineerin-charge. 6. If work is not carried out by the contractor, it will be got done at risk and cost of contractor and amount along with 15% supervision charges will be recovered from the bill. 7. If any dispute arises the decision of university s building and works committee shall be treated as part of the contract. 8. Contractor has to carry out the items as per the requirement as and when required and if he fails to carry out the work as required, recovery will be made as per state government s rules. 9. Quantities of each item shown in the tender is approximate and may very up to +_ 25% extent No claim shall be entertained for quantities of work, executed being more or less than those entered in the Part-II of the Tender. 10. For Any extra items, the SOR rates or the Rate analysis/mr finalized by Dr. Babasaheb Ambedkar Open University shall be paid to contractor. No extra claim shall be entertained of such items. 11. Work shall be carried out as per the priority given by Engineer-in-charge. 12. The rate of the tender is firm and no any price escalation shall be paid to the contractor, for the contract period & extended period if any. 13. Looking to the urgency of the particular work. The Engineer-in-charge will instruct to take up and complete the particular job / work in specified time. Otherwise, to complete the work, Engineer- 21

22 in-charge will arrange to execute the same without giving any notice or intimation to get the work executed through any other agency and recovery will be made as per University s rules. 15. Contractor shall establish the following at the site: a. Site office manned with One Project Manager (Be. Civil with minimum 10 years of experience or a person with relevant experience subject to confirmation of Engineer-in- Charge) and necessary office staff and infrastructure. b. In addition to the above, the site office shall have a dedicated enclosed storage for all drawings and documents. Responsibility to keep the site neat and clean and providing it will all necessary security shall be of the contractor. 16. Contractor shall submit invoice/ra Bill to Dr. Babasaheb Ambedkar Open University and duplicate copy to Architect for evaluation. After evaluation of invoice by ARCHITECT consultant, it will be submitted to Dr. BabaSaheb Ambedkar Open University, Ahmedabad for further procedure of payment. Registrar, DR.BABASAHEB AMBEDKAR OPEN UNIVERSITY, Ahmedabad. 22

23 DECLARATION FORM (To be submitted duly notarized on Rs 100/-Stamp paper) I/We hereby declare that I/We have carefully studied the entire tender and condition of the contract, specification & other relevant documents of this work mentioned in the tender and abide by the same. Also I/We hereby and agree to execute the same accordingly. I/We hereby abide to execute the contract agreement of the condition of the contract, specification & other relevant documents of this work or otherwise I/We will get copy of the same form the office of the tender inviting authority and the same will be acceptable to me /us. I/We hereby accept and confirm that any dispute on this regards shall not be entertained by the tender inviting authority. I/We hereby declare that I/we have visited the work site and fully acquainted myself/ourselves with the local situation regarding materials, labor and other factors pertaining to the work before submitting this tender. I/We hereby confirm that our offer is Un-conditional and without any technical & commercial deviations. Signature of Contractor Names Seal, Detail address 23

24 Scope of work: INTERIOR, ACOUSTICS, SOUND, STAGE LIGHTING & FINISHING WORK OF AUDITORIUM AT DR. BABASAHEB AMBEDKAR OPEN UNIVERSITY INTERIOR, ACOUSTICS, SOUND, STAGE LIGHTING & FINISHING WORK OF AUDITORIUM AT DR. BABASAHEB AMBEDKAR OPEN UNIVERSITY, AHMEDABAD AUDITORIUM : 1. No. of Floors - Ground, and First, 2. Wooden panelling - Veneer finish, Laminate finish 3. Design - As per site requirement 4. Electrification As per Drawing. 5. Auditorium -Tentative area Sq. Mt., Approx Ht mts. 6. Corridor area - This area develop by Aesthetical design 7. Sound system : - 4- Way surround sound system 8. Stage Special stage flooring in wooden material The scope of work involves Furniture, Furnishing, electrical & HVAC work for Interior work of Senate hall & Senate Room at Dr. BabaSaheb Ambedkar Open University, Ahmedabad as per the Tender terms, SOR, Tender specifications, relevant IS Codes. 24

25 SPECIAL CONDITIONS OF THE WORK 1. The agency shall take all the required safety measures and observe all safety rules while carrying the above excavation works etc. to avoid any type of accident and damage. The contractor shall be held fully liable and responsible for any type of accident, injury, damage and loss etc. if occur at site till the completion of work. 2. The contract shall be deemed to have carefully examined the site. The contractor should be deemed to have fully aware with the local site conditions & sounding structures and also all the terms & conditions scope drawings etc. Attached herewith. The bidders are ADVISE to visit the site, inspect the existing location of executing the work before quoting the rates. Any extra claims for extra items, rates etc. for any reason will not be entertained after acceptance of contract bid. 3. The rates are inclusive of all type of laborers, tools, tackles, equipment s, machineries, removed materials category wise, their protection, preservation, storing, loading, unloading, transporting for all leads lifts & elevations height/depths and inclusive of all risks & all liabilities, providing all safety precautions, Insurance, securities, site cleaning leveling dressing the sites etc. required for completion of the work in all respects. 4. The required licenses, permission of the Govt. authorities to be taken by the contractor in advance at no extra charges. 5. The responsibility and liability of manpower to be engaged for this work will be totally of contractor who has been awarded this contract and he will take away all these manpower in his own establishments on completion of this contract. The DR. BABASAHEB AMBEDKAR OPEN UNIVERSITY will not be held any responsible and liable in any way in the matter 25

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